92 Decision Citation: BVA 92-01277
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-35 539 ) DATE
)
)
)
THE ISSUE
Entitlement to service connection for post-traumatic stress
disorder.
REPRESENTATION
Veteran represented by: Veterans of Foreign Wars of the
United States
ATTORNEY FOR THE BOARD
L. Jennifer Lane, Associate Counsel
INTRODUCTION
This matter came before the Board on appeal from a March
1991 rating decision from the New Orleans, Louisiana,
regional office (hereinafter RO). The veteran had active
service from May 1970 to November 1971. The notice of
disagreement was received in April 1991. The statement of
the case was issued in April 1991. The substantive appeal
was received in May 1991. The appeal was received and
docketed at the Board in July 1991. The case was
subsequently referred to Veterans of Foreign Wars of the
United States, the veteran's representative throughout his
appeal, and that organization submitted an informal hearing
presentation in September 1991. The case is now ready for
appellate review.
REMAND
While a Department of Veterans Affairs (hereinafter VA)
psychiatrist found no evidence of post-traumatic stress
disorder and diagnosed mixed substance dependence and
antisocial personality disorder in February 1991, in a
letter dated in October 1989, a private psychologist related
that an interview and psychological screen test showed
post-traumatic stress disorder. The psychologist also
diagnosed continuous alcohol abuse and personality
disorder.
As for stressors, the veteran has provided specific
information with regard to possible stressors in a written
statement received in October 1990 and reported having seen
two friends killed in Vietnam to the VA examiner in February
1991. Under the circumstances and in light of the diagnosis
of post-traumatic stress disorder, the RO should attempt to
verify these alleged stressors. We also note that the
veteran's unit history while he was in Vietnam is not of
record.
If the veteran's stressors are confirmed, another
examination is in order to reconcile the veteran's various
diagnoses. Additionally, the examiner should be afforded
the opportunity to review the claims file prior to the
examination as the existence of a stressor is one of the
diagnostic criteria for a diagnosis of post-traumatic stress
disorder. DSM-III-R.
Thus, in order to comply with the VA's duty to assist the
veteran in the development of his claim as mandated by 38
U.S.C. § 5107 (1989)(formerly § 3007, recodified in 1991),
this case is REMANDED for the following action:
1. The veteran should be asked to
provide more information regarding
stressors, specifically the dates of the
stressors he has already alleged and the
names of those individuals he witnessed
being killed. The importance of specific
dates, preferably with date spans of no
more than seven days, should be stressed.
2. The veteran's unit history should be
obtained and associated with the claims
file.
3. If the veteran responds adequately
regarding stressors, a copy of the
veteran's written statement received in
October 1990, along with any additional
information he submits relating to
stressors should be forwarded to and
confirmation of the stressors should be
sought in the usual fashion from the
United States Army and Joint Services
Environmental Support Group.
4. If the veteran's stressors are
verified or if warranted by the unit
history, he should be scheduled for a VA
examination by a psychiatrist trained in
the diagnosis of post-traumatic stress
disorder. The purpose of the examination
is to reconcile the veteran's various
psychiatric diagnoses and to determine
whether the diagnostic criteria for
post-traumatic stress disorder are met.
It is requested that the examination
report contain detailed social,
industrial, and military histories, as
well as the complaints, symptoms, and
clinical findings upon which the
diagnosis is based. The examiner should
be given an opportunity to review the
veteran's claims file prior to the
examination, especially those materials
containing information regarding
stressors.
When the above development is completed, the RO should
review the veteran's claim in light of the additional
evidence. If the determination remains adverse to the
veteran, he and his representative should be furnished a
supplemental statement of the case and be afforded a
reasonable opportunity to respond before the case is
returned to the Board for appellate review. The Board
intimates no decision regarding the merits of this case at
this time, and no further action is required of the veteran
until he is notified.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
L. W. TOBIN
FRANCIS F. TALBOT
*38 U.S.C. § 7102(a)(2)(A) (1989) (formerly § 4002(a)(2)(A),
recodified in 1991) permits a Board of Veterans' Appeals
Section, upon direction of the Chairman of the Board, to
proceed with the transaction of business without awaiting
assignment of an additional Member to the Section when the
Section is composed of fewer than three Members due to
absence of a Member, vacancy on the Board or inability of
the Member assigned to the Section to serve on the panel.
The Chairman has directed that the Section proceed with the
transaction of business, including the issuance of
decisions, without awaiting the assignment of a third Member.
Under 38 U.S.C. 7252 (formerly 38 U.S.C. 4052), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Veterans Appeals. This remand is
in the nature of a preliminary order and does not constitute
a decision of the Board on the merits of your appeal.